Arriving at his warehouse last week Knott Faire, owner of Faire Carpet Cleaning, discovered yet another complaining critique posted on WELP: “Lots of hype, a mediocre cleaning and a hassle at the end. Don’t get tied up with Knott!” In over 75 previous reviews only 3 were slightly negative. Since the “hype” complaint,
Online Reputation Protection and Repair
Arriving at his warehouse last week Knott Faire, owner of Faire Carpet Cleaning, discovered yet another complaining critique posted on WELP: “Lots of hype, a mediocre cleaning and a hassle at the end. Don’t get tied up with Knott!” In over 75 previous reviews only 3 were slightly negative. Since the “hype” complaint, another dozen scathing complaints were logged. Believing that the negative reviews are from a competitor, not his customers, Knott called his trusty lawyer Icahn Ficksit for help. Icahn issued WELP a subpoena demanding production of identifying information and ISP (Internet Service Provider) addresses for the dozen offenders. Will Ficksit win?
In Virginia, yes; in Texas, no. The Virginia Court of Appeals held that a Yelp reviewer is generally entitled to First Amendment protection if the reviewer is critiquing a business they patronized; however, [i]f the reviewer was never a customer of the business, then the review is not an opinion; but is based on a false statement. Virginia only requires that Icahn Ficksit and Knott Faire show, among other things, that the WELP reviews “are or may be tortious or illegal,” or that Faire Carpet Cleaning has “a legitimate, good faith basis” to believe that they were the victim of actionable conduct.
The Case of the Defamed Doctor – SLAPP’ing Down Defamation Cases in Texas
Special thanks to guest blogger Alex Fuller for this month’s post.
Who steals my purse steals trash; ’tis something, nothing;
‘Twas mine, ’tis his, and has been slave to thousands;
But he that filches from me my good name
Robs me of that which not enriches him,
And makes me poor indeed.
While on a date to the Laugh Factory Comedy Club, Terry Tellsall busted a gut laughing and was rushed to Texas General Hospital. Incensed by the treatment and bedside manner he received from Dr. B.D. Manner, Terry barraged his friend Cindy Cussin with texts detailing Dr. Manner’s inability to remember critical surgical procedures and his comments that “with a belly that size, you’re lucky you only busted one gut.” The next day, Terry posted his accusations on a popular doctor-rating website.
Luckily for Terry, the attending Nurse Nancy smelled Dr. Manner’s whiskey breath, heard his comments, and thankfully reminded him of the right procedure. However, Terry’s friend Cindy Cussin was Dr. Manner’s cousin and forwarded Terry’s texts to him. When Dr. Manner read the texts and received the early morning Google Alert with Terry’s website posts, he immediately instructed Able Attorney, Esq., to file a defamation lawsuit against Terry. Is Terry liable for libel?
Probably not. Truth is still a defense to any claim of verbal (slander) or written (libel) defamation. Better yet, the 2011 Texas Anti-SLAPP statute makes it harder for defamation lawsuits to be used as a bullying tactic.
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Keeping a Good Name: Protecting Yourself From Internet Defamation
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Johnny Tightlips, a local mobster, is facing time behind bars for various racketeering offenses. During the trial, the New York Daily Planet reported that Tightlips was a “key lieutenant” of Jimmy “The Squid” Calamari, an organized crime figure, and that Tightlips planned to reduce his jail time by cooperating with prosecutors to testify against The…